ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, June 9, 2021 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, June 9, 2021, Austin, Texas via Videoconference. Chair Luis Soberon called the meeting to order at 6:06 p.m. Commissioners in attendance: Chair Luis Soberon, Secretary Robin Lerner, and Commissioners Debra Danburg, Betsy Greenberg, Mary Kahle, Michael Lovins, Donna Beth McCormick, Nguyen Stanton, and Mikki Teneyuca. Vice-Chair J. Michael Ohueri and Commissioner Raafia Lari were absent. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney; Meredith Mooney, Executive Assistant, Law Department. CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. Three speakers registered to speak. Olivia Overturf spoke on agenda item 4; Tiffany Washington spoke on item 6; and Zenobia Joseph spoke on an issue not on the agenda. 1. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551 of the Texas Government Code to receive advice from legal counsel on any matters specifically listed on this agenda (Private Consultation with Attorney-Section 551.071). The Commission may go into executive session to discuss legal issues related to: (a) A complaint filed by Joseph Cascino against Otto Swingler, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 and 2-2-26. (b) Complaints filed by Mark Littlefield against Save Austin Now, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 and 2-2-26. (c) A complaint filed by Olivia Overturf on May 17, 2021, against Mayor Pro Tem Natasha Harper-Madison, which complaint alleges violation of City Code Sections 2-2-1(B) and (E ), Sections 2-7-62(B), 2-7-1(A), and 2-7-1(B)(1) and (B)(2); and which complaint also references Code Sections 2-1-44(A) and 2-1-48(A) and (C). 1 The Commission went into executive session at 6:30 p.m. and the open meeting resumed at 8:03 p.m. 2. PRELIMINARY HEARING Discussion and possible action regarding the following: A complaint filed by Joseph Cascino against Otto Swingler, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 (Political Committees) and 2-2-26 (Filing Campaign Finance Report Data) of Chapter 2-2 (Campaign Finance). Parties Attending: Complainant Joseph Cascino appeared; attorney for Respondent, Eric Opiela, and Respondent …
Versión en español a continuación. Regular Meeting of the Ethics Review Commission Wednesday, May 12, 2021 at 6:00 p.m. Ethics Review Commission to be held May 12, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, May 11, 2021 by noon. All public comment will occur at the beginning of the meeting. To speak remotely at the May 12, 2021 Ethics Review Commission Meeting, members of the public must: •Call or email the board liaison at 512.974.2171 and lynn.carter@austintexas.gov no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). •Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. •Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to lynn.carter@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •The public may listen to the meeting by calling the following toll--free number: 844-992- 4726. If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del ETHICS REVIEW COMMISSION FECHA de la reunion May 12, 2021 La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación May 11, 2021 antes del mediodía. Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512.974.2171 and lynn.carter@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra …
ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, May 12, 2021 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, May 12, 2021, Austin, Texas via Videoconference. Chair Luis Soberon called the meeting to order at 6:06 p.m. Commissioners in attendance: Chair Luis Soberon, Vice-Chair J. Michael Ohueri, and Commissioners Debra Danburg, Betsy Greenberg, Mary Kahle, Raafia Lari, and Donna Beth McCormick were present at roll call. Commissioner Nguyen Stanton joined the meeting after executive session. Members absent: Secretary Robin Lerner. Commissioners not in attendance due to the necessity of completing boards and commissions training: Michael Lovins and Mikki Teneyuca. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney and Meredith Mooney, Executive Assistant, Law Department. CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. Two speakers registered for citizen communication: Tiffany Washington spoke after the call to order; she spoke on item 1(c), which is the same as item 2(b). Chivas Watson spoke at the beginning of agenda item no. 2(b). 1. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551 of the Texas Government Code to receive advice from legal counsel on any matters specifically listed on this agenda (Private Consultation with Attorney-Section 551.071). (a) A complaint filed by Joseph Cascino against Otto Swingler, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 and 2-2-26. (b) Complaints filed by Mark Littlefield against Save Austin Now, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 and 2-2-26. (c) A complaint filed by Olivia Overturf against Mayor Pro Tem Natasha Harper-Madison, which complaint alleges violation of City Code Chapter 2-7 (Ethics and Financial Disclosure) Section 2-7-62 (B). Vice-Chair Ohueri announced his recusal from item 2(b), which is the same as item 1(c) on the executive session agenda. The Commission went into executive session at 6:17 p.m. and the open meeting resumed at 7:11 p.m. Outside counsel, Steve Sheets, advised the Commission on items 1(b) and 1(c); Assistant City Attorney, Lynn Carter, advised the Commission on item 1(a). 1 2. PRELIMINARY HEARING Discussion and possible action regarding the following: (a) A complaint filed …
Versión en español a continuación. Regular Meeting of the Ethics Review Commission Wednesday, April 14, 2021 at 6:00 p.m. Ethics Review Commission to be held April 14, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, April 13, 2021 by noon. All public comment will occur at the beginning of the meeting. To speak remotely at the April 14, 2021 Ethics Review Commission Meeting, members of the public must: •Call or email the board liaison at 512.974.2171 and lynn.carter@austintexas.gov no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). •Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. •Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to lynn.carter@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. • If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del ETHICS REVIEW COMMISSION FECHA de la reunion April 14, 2021 La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación April 13, 2021 antes del mediodía. Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512.974.2171 and lynn.carter@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de teléfono (debe ser …
Versión en español a continuación. Regular Meeting of the Ethics Review Commission Wednesday, March 10, 2021 at 6:00 p.m. Ethics Review Commission to be held February 10, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, March 9, 2021 by noon. All public comment will occur at the beginning of the meeting. To speak remotely at the February 10, 2021 Ethics Review Commission Meeting, members of the public must: •Call or email the board liaison at 512.974.2171 and lynn.carter@austintexas.gov no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). •Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. •Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to lynn.carter@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del ETHICS REVIEW COMMISSION FECHA de la reunion March 10, 2021 La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación March 9, 2021 antes del mediodía. Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512.974.2171 and lynn.carter@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de teléfono (debe ser el …
CITY OF AUSTIN ETHICS REVIEW COMMISSION Complaint No. 20201007 MARK LITTLEFIELD, Complainant v. PECK YOUNG, VOICES OF AUSTIN Respondent § § § § § § § ORDER ON FINAL HEARING I. PROCEDURAL HISTORY On October 7, 2020, Mark Littlefield (“Complainant”) submitted to the Austin City Clerk (“City Clerk”) two sworn complaints against Peck Young, Voices of Austin (“Respondent”). The City Clerk’s Office promptly sent a copy of the complaints and a notice of filing to the City Attorney, the Chair of the Ethics Review Commission (“the Commission”), Complainant, and Respondent. The first complaint / allegation (“Complaint 1”) alleged that: (1) on or about September 26, 2020, Voices of Austin, a 501(c)(4) organization paid for an automated phone call to Austin voters and failed to comply with Austin City Code Section 2-2-33, which required a disclosure statement of the names of the five largest contributors. The second complaint / allegation (“Complaint 2”) alleged that on October 1, 2020 or on October 2, 2020, Voices of Austin, a 501(c)(4) organization “sent an email with a PDF of their ‘latest mailer’ to Austin voters”, and that Voices of Austin failed to comply with City Code Section 2-2-33 by not including a disclosure statement with the names of the five largest contributors. On November 2, 2020, a notice of Preliminary Hearing was issued, setting the hearing for November 18, 2020. Attorney Roger Borgelt appeared on behalf of Peck Young and Voices of Austin. Mr. Borgelt stated that he did not receive a copy of both complaints against Peck Young City of Austin Ethics Review Commission ORDER ON FINAL HEARING – PAGE 1 and requested a postponement of the hearing. The Commission then voted in favor of a postponement of the preliminary hearing on a vote of 9-1 of the members present. On December 18, 2020, a notice of Preliminary Hearing was issued, setting the preliminary hearing for January 13, 2021.1 At the January 13, 2021, meeting of the Commission, the preliminary hearing was not completed due to a technology failure of the WebEx virtual meeting platform. Complainant, Mark Littlefield, appeared at the hearing, and Roger Borgelt, Attorney for Peck Young and Voices of Austin, appeared on behalf of Respondent. The parties completed their preliminary hearing presentations on January 13, 2021. However, the remainder of the hearing was interrupted by the WebEx failure, and the Commission was unable to vote to continue the meeting beyond …
TO: FROM: DATE: City of Austin Ethics Review Commission LETTER OF CENSURE Voices of Austin City of Austin Ethics Review Commission March 24, 2021 RE: Determination of Sanctions under City Code, Sections 2-7-48 and 2-7-49 In accordance with Chapter 2-7 of the Austin City Code, this letter is to advise you that the City of Austin Ethics Review Commission (the “Commission”) has completed its consideration of the complaint filed with the Commission against Peck Young, Voices of Austin on October 7, 2020. The Complaint alleged that Voices of Austin “sent an email with a PDF of their ‘latest mailer’ to Austin voters”, and that the communication failed to include a disclosure statement with the names of the five largest contributors as required by City Code Section 2-2-33. At a final hearing held on March 10, 2021, the Commission determined that Voices of Austin violated City Code Section 2-2-33 (Disclosure Statement Required) of Chapter 2-2 (Campaign Finance). A letter of censure is the appropriate sanction where the Commission finds a serious or repeated violation of City Code Chapter 2-7, which incorporates violations of City Code Chapter 2-2 (Campaign Finance). The Commission heard evidence and made determinations at a final hearing on the allegations. The Commission’s actions were recorded by video recording and are available at: https://austintx.new.swagit.com/videos/114281. Based on the Commission’s findings and determinations, the Commission issues this letter of censure to Voices of Austin. This action is effective as of the 10th day of March, 2021. CITY OF AUSTIN ETHICS REVIEW COMMISSION Luis Soberon Chair, Ethics Review Commission CC: City Manager Members of the City Council Mayor of the City of Austin City Clerk (all by email)
ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, March 10, 2021 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, March 10, 2021, Austin, Texas via Videoconference. Chair Luis Soberon called the meeting to order at 6:05 p.m. Commissioners in attendance: Chair Luis Soberon, Secretary Kenneth “Tray” Gober, and Commissioners Debra Danburg, Betsy Greenberg, Mary Kahle, Raafia Lari, Robin Lerner, and Donna Beth McCormick were present at roll call. Vice-Chair Ohueri joined the meeting during executive session. Commissioner Lari left the meeting after the conclusion of item 3, Final Hearing. Members absent: Nathan Ryan and Pedro A. Villalobos. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney and Annette Bogusch, Paralegal, Law Department. CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. Two speakers registered for citizen communication: Donna Garcia Davidson and Mark Littlefield registered to speak on item 2 and reserved their time to speak when the item was called. 1. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551 of the Texas Government Code to receive advice from legal counsel on any matters specifically listed on this agenda (Private Consultation with Attorney-Section 551.071). (a) Complaints filed by Mark Littlefield against Save Austin Now, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 (Political Committees) and 2-2-26 (Filing Campaign Finance Report Data) of Chapter 2-2 (Campaign Finance). (b) Complaints filed by Mark Littlefield against Peck Young, Voices of Austin, which complaints allege violation of City Code Chapter 2-2 (Campaign Finance) Section 2-2-33 (Disclosure Statement Required). (c) Whether the City Code can be amended to provide authority for civil fines as a sanction for violations within the Commission’s jurisdiction. The Commission went into executive session at 6:10 p.m. and the open meeting resumed at 7:05 p.m. Outside counsel, Steve Sheets, advised the Commission on item 1(a); Assistant City Attorney, Lynn Carter, advised the Commission on items 1(b) and (c). 2. PENDING COMPLAINT – EVIDENTIARY MATTERS Discussion and possible action regarding the following: Evidentiary matters, including requests for records and/or witnesses in regard to the complaint(s) filed on October 13, 2020 by Mark Littlefield against Save Austin …
Versión en español a continuación. Regular Meeting of the Ethics Review Commission Wednesday, February 10, 2021 at 6:00 p.m. Ethics Review Commission to be held February 10, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, FEBRUARY 9, 2021 by noon. All public comment will occur at the beginning of the meeting. To speak remotely at the February 10, 2021 Ethics Review Commission Meeting, members of the public must: •Call or email the board liaison at 512.974.2915 and sue.palmer@austintexas.gov no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). •Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. •Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to sue.palmer@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del ETHICS REVIEW COMMISSION FECHA de la reunion February 10, 2021 La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación February 9, 2021 antes del mediodía. Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512.974.2915 and sue.palmer@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de teléfono (debe ser el …
ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, February 10, 2021 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, February 10, 2021, Austin, Texas via Videoconference. Chair Luis Soberon called the meeting to order at 6:05 p.m. Commissioners in attendance: Chair Luis Soberon and Commissioners Debra Danburg, Betsy Greenberg, Donna Beth McCormick, Nathan Ryan, and Pedro A. Villalobos were present at the beginning of the meeting. Secretary Gober and Commissioner Mary Kahle joined the meeting by 6:10 p.m. Commissioner Raafia Lari joined the meeting during executive session. Vice-Chair J. Michael Ohueri and Commissioner Robin Lerner were absent. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney and Sue Palmer, Staff Liaison, Law Department. CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. Donna Davidson registered to speak during citizen communication but was not present for the meeting. There were no other speakers for citizen communication. 3. NEW BUSINESS AND EXECUTIVE SESSION ON: (a) Evidentiary matters, including requests for records and/or witnesses in regard to the complaint(s) filed on October 13, 2020 by Mark Littlefield against Save Austin Now, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 (Political Committees) and 2-2-26 (Filing Campaign Finance Report Data) of Chapter 2-2 (Campaign Finance). Chair Soberon took up this item out of order. Chair Soberon informed the Commission of Respondent’s request for postponement due to a family emergency and Complainant’s agreement to postponement. Chair Soberon explained that the Commission rules do not provide a process for addressing requests for postponement outside of a meeting for this circumstance. Chair Soberon made a motion to postpone this item and the accompanying executive session item [item 1(a)], which was seconded by Commissioner Danburg. The motion passed on a unanimous vote of 8-0 of the Commissioners present. Three members were absent. Voting in favor of the motion: Chair Soberon, Secretary Gober, and Commissioners Danburg, Greenberg, Kahle, McCormick, Ryan and Villalobos. Vice-Chair Ohueri and Commissioners Lari and Lerner were absent. 1 1. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551 of the Texas Government Code to receive advice from legal counsel on …
Versión en español a continuación. Regular Meeting of the Ethics Review Commission Wednesday, January 13, 2021 at 6:00 p.m. Ethics Review Commission to be held January 13, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, JANUARY 12, 2021 by noon. All public comment will occur at the beginning of the meeting. To speak remotely at the January 13, 2021 Ethics Review Commission Meeting, members of the public must: •Call or email the board liaison at 512.974.2915 and sue.palmer@austintexas.gov no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). •Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. •Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to sue.palmer@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del ETHICS REVIEW COMMISSION FECHA de la reunion January 13, 2021 La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación January 12, 2021 antes del mediodía. Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512.974.2915 and sue.palmer@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de teléfono (debe ser el …
ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, January 13, 2021 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, January 13, 2021, Austin, Texas via Videoconference. Chair Luis Soberon called the meeting to order at 6:10 p.m. All Commissioners were in attendance: Chair Luis Soberon, Vice-Chair J. Michael Ohueri, Secretary Kenneth “Tray” Gober, and Commissioners Debra Danburg, Betsy Greenberg, Mary Kahle, Raafia Lari, Robin Lerner, Donna Beth McCormick, Nathan Ryan and Pedro A. Villalobos. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney; Ashley Glotzer, Division Chief and Assistant City Attorney; Sue Palmer, Staff Liaison, Law Department. CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. There were no speakers for citizen communication. 1. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551 of the Texas Government Code to receive advice from legal counsel on any matters specifically listed on this agenda (Private Consultation with Attorney-Section 551.071). The Commission may go into executive session to discuss legal issues related to: (a) Complaints filed by Mark Littlefield against Peck Young, Voices of Austin, which complaints allege violation of City Code Chapter 2-2 (Campaign Finance) Section 2-2-33 (Disclosure Statement Required). (b) Complaints filed by Mark Littlefield against Ellen Wood, Had Enough Austin PAC and Ellen Wood, Fight for Austin PAC, which complaints allege violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-3 (Conformity with Texas Election Code) and 2-2-32 (Reporting of Direct Campaign Expenditures). (c) A complaint filed by Mark Littlefield against Save Austin Now, which complaint alleges violation of City Code Chapter 2-2 (Campaign Finance) Section 2-2-23 (Political Committees). The Commission went into executive session at 6:13 p.m. and the open meeting resumed at 7:11 p.m. 1 2. PRELIMINARY HEARINGS Discussion and possible action regarding the following: a. A complaint filed by Mark Littlefield against Save Austin Now, which complaint alleges violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 (Political Committees) and 2-2-26 (Filing Campaign Finance Report Data) of Chapter 2-2 (Campaign Finance). Outside counsel, Steve Sheets, appeared as counsel for the Commission in regard to this complaint, and Executive Liaison and Assistant City Attorney, Lynn Carter, …
Versión en español a continuación. Regular Meeting of the Ethics Review Commission Wednesday, November 18, 2020, 6:00 PM Ethics Review Commission to be held November 18, 2020 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, NOVEMBER 17, 2020 by Noon. All public comment will occur at the beginning of the meeting. To speak remotely at the November 18, 2020 ETHICS REVIEW COMMISSION Meeting, residents must: •Call or email the board liaison at 512.974.2915 and sue.palmer@austintexas.gov no later than noon, (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to sue.palmer@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del Ethics Review Commission FECHA de la reunion November 18, 2020, 6:00 p.m. La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (November 17, 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en Sue Palmer 512-974-2915 sue.palmer@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y un número de teléfono o dirección de correo electrónico. • Una vez que se haya llamado o enviado por correo …
City of Austin Ethics Review Commission LETTER OF REPRIMAND TO: RE: A. Jo Baylor, Our Mobility Our Future PAC, through their attorney of record, Roger Borgelt FROM: City of Austin Ethics Review Commission DATE: December 4, 2020 Determination of Sanctions under City Code, Sections 2-7-47 and 2-7-48 ______ In accordance with Chapter 2-7 of the Austin City Code, this letter is to advise you that the City of Austin Ethics Review Commission (the “Commission”) has completed its consideration of the complaint filed on October 7, 2020 against A. Jo Baylor, Our Mobility Our Future PAC. The complaint alleged that A. Jo Baylor, Our Mobility Our Future PAC violated City Code Chapter 2-2 (Campaign Finance), more specifically (1) on September 25, 2020, a violation of City Code Section 2-2-32 (Reporting of Direct Campaign Expenditures) by failure to report a campaign expenditure regarding a $650 advertising expense paid to PinPoint Action LLC; (2) on September 25, 2020, a violation of City Code Section 2-2-32 by failure to report a campaign expenditure regarding a $4,400 advertising expense paid to Peel Inc.; (3) on or about September 26, 2020, a violation City Code Section 2-2-32 (Reporting of Direct Campaign Expenditures) by failing to include a disclosure statement with the names of its five largest contributors in an automated phone call to voters; and (4) on September 27, 2020, a violation City Code Section 2-2-32 by failing to include a disclosure statement with the names of its five largest contributors on a paid website https://ourmobilityourfuture.com. Based on admissions of the Respondent by affidavit and during the preliminary hearing on the above-described complaint, the Commission determined that A. Jo Baylor, Our Mobility Our Future PAC violated City Code Chapter 2-2 as alleged in the complaint, and the appropriate sanction is this letter of reprimand. City Code Section 2-7-48(C)(3) states in part: “A reprimand is the appropriate sanction when the commission finds that a violation has been committed intentionally or through disregard of this chapter.” City Code Section 2-7-49 (Campaign Violations) provides that the Commission may draft and publish a letter of reprimand, among other sanctions, and shall apply the criteria in Section 2-7-48 to determine the appropriate sanction to impose for a violation of Chapter 2-2 (Campaign Finance). City Code Section 2-2-32 addresses the requirements for reporting of direct campaign expenditures. City Code Section 2-2-33 addresses the requirements for disclosure of the five largest contributors in …
